News & Analysis as of

Reliability Standards Energy Sector

Mintz - Energy & Sustainability Viewpoints

NERC Submits Work Plan for New Reliability Requirements to Apply to Inverter-Based Resources

On January 17, 2024, the North American Electric Reliability Corporation (“NERC”)[1] submitted an informational filing[2] to the Federal Energy Regulatory Commission (“FERC”) providing NERC’s plan (the “Work Plan”) to develop...more

Morgan Lewis - Power & Pipes

FERC Approves Potential Reduction of Stakeholder Input in Reliability Standard Development

FERC recently issued an order approving revisions to the North American Electric Reliability Corporation (NERC) Rules of Procedures to modify the rules for developing mandatory reliability standards. These changes, reflected...more

Troutman Pepper

FERC Staff Issues Winter Reliability Assessment Report

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On November 16, 2023, FERC staff issued the 2023-2024 Winter Energy Market and Electric Reliability Assessment report, projecting trends and identifying considerations for energy markets and electric reliability for the...more

Troutman Pepper

FERC Directs NERC to Develop Reliability Standards for Inverter Based Resources

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On October 19, 2023, FERC issued a final rule directing the North American Reliability Corporation (“NERC”) to develop or modify reliability standards to address reliability concerns attributable to inverter-based resources...more

Holland & Knight LLP

FERC Requires Transmission Providers to File Extreme Weather Assessments

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The Federal Energy Regulatory Commission (FERC or Commission) on June 15, 2023, finalized a rule requiring interstate electric transmission providers to file one-time informational reports assessing the susceptibility of...more

Morgan Lewis - Power & Pipes

FERC Approves Rate Incentives for Cybersecurity Investments

FERC has issued its final rule paving the way for incentive-based rate treatment for electric utilities that make certain voluntary cybersecurity investments. As we first noted in 2020 when describing the proposed rule, the...more

Akin Gump Strauss Hauer & Feld LLP

FERC Again Aims to Enhance Grid Reliability With Order Approving Incentive Rate Treatment for Cybersecurity Investments

For the fourth straight meeting of the Federal Energy Regulatory Commission (FERC) and the fourth since Willie L. Phillips was appointed its acting Chair, an order aimed at improving the reliability of the nation’s electric...more

Morgan Lewis - Power & Pipes

FERC Approves Vendor-Focused Cybersecurity Protections for Low-Impact Systems

On March 16, FERC approved North American Electric Reliability Corporation (NERC) Reliability Standard CIP-003-9, Cyber Security – Security Management Controls, which introduces two new requirements to the suite of...more

Akin Gump Strauss Hauer & Feld LLP

FERC Directs NERC to Further Enhance Extreme Cold Weather Reliability Standards for Generation Resources

On February 16, 2023, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order approving two new extreme cold weather reliability standards for generation resources proposed by the North American...more

Morgan Lewis - Power & Pipes

Registered Entities: Expect a Significant Increase in NERC’s Focus on Physical Security

There are no unimportant North American Electric Reliability Corporation (NERC) reliability standards, but from time to time, NERC and the Regional Entities (Regions) place greater emphasis on certain reliability standards in...more

Morgan Lewis - Power & Pipes

North American Electric Reliability Corporation Files 2022 Standards Report

The North American Electric Reliability Corporation (NERC) filed its 2022 NERC Standards Report, Status and Timetable for Addressing Regulatory Directives summarizing the progress made and plans for addressing the reliability...more

Akin Gump Strauss Hauer & Feld LLP

FERC Staff Provides “Lessons Learned” from Critical Infrastructure Protection Reliability Standard Audits

In October 2021, Federal Energy Regulatory Commission (FERC) staff issued its annual report on “recommendations to help users, owners and operators of the bulk-power system improve their compliance with the [North American...more

Husch Blackwell LLP

FERC and NERC Take Action on Winter Readiness

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As the cold weather season approaches, the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corporation (NERC) are taking action to prevent a repeat of the devastating electric power...more

Holland & Knight LLP

FERC and NERC Issue Critical Report on February 2021 Freeze

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At the open monthly meeting of the Federal Energy Regulatory Commission (FERC) on Sept. 23, 2021, a joint team composed of the staffs of FERC, the North American Electric Reliability Corporation (NERC) and NERC's various...more

Foley Hoag LLP - Energy & Climate Counsel

New York Public Service Commission Sends Utilities’ Transmission Planning Proposals Back to the Drawing Board

As the Federal Energy Regulatory Commission (“FERC”) solicits comments regarding fundamental changes to its regulation of the country’s electricity transmission systems; as the temperature rises in New York State regarding...more

Troutman Pepper

FERC Rejects NERC’s Proposal to Replace Its Audit Process and Directs NERC to Conduct Audits of Regional Entities; Proposes that...

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On January 19, 2021 FERC issued an order on the North American Electric Reliability Corporation’s (“NERC”) compliance filings submitted pursuant to the Commission’s January 2020 order on NERC’s five-year performance...more

Troutman Pepper

FERC Sustains PJM and ISO-NE Immediate Need Reliability Project Exemption Orders

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On September 29, 2020, in response to a request for rehearing, FERC issued an order modifying the discussion in, while sustaining the result of, a prior order finding that PJM Interconnection, L.L.C. (“PJM”) was not in...more

Troutman Pepper

FERC and NERC Staff Reverse Course, Opt for Confidentiality on CIP Violations

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On September 23, 2020, staff from the North American Electric Reliability Corporation (“NERC”) and FERC (collectively, “Joint Staff”) issued a second joint white paper that reversed previous recommendations regarding publicly...more

Troutman Pepper

FERC Opens Inquiry into Foreign Adversary-Provided Bulk Power System Telecommunications Equipment, Focusing on Huawei and ZTE...

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On September 17, 2020, FERC issued a Notice of Inquiry (“NOI”) seeking comments on strategies to mitigate any potential risks to the bulk electric system posed by telecommunications equipment and services produced or provided...more

Foley Hoag LLP - Energy & Climate Counsel

FERC Authorizes Deferred Implementation of Seven NERC Reliability Standards

The (“FERC” or “Commission”) recently issued an Order approving a request by the North American Electric Reliability Corporation (“NERC”) to defer the implementation of several Reliability Standards scheduled to take effect...more

Sheppard Mullin Richter & Hampton LLP

FERC Orders, Notices, and Other Guidance Regarding the Novel Coronavirus

Last week the Federal Energy Regulatory Commission (“FERC”) continued to issue orders, notices, and guidance related to the current novel coronavirus pandemic, the health and safety of FERC and energy industry employees, and...more

Holland & Knight LLP

FERC and NERC Advance Dramatically Expanded Mandatory Cybersecurity Reporting Standards - Medium and High BES Systems Could Face...

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• New Federal Energy Regulatory Commission (FERC) rule mandates new wide-ranging cybersecurity reporting standards in CIP 008-6. • Mandatory reporting is now required for "cyber security incidents that either compromise, or...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - July 2018 #4

Robinson & Cole LLP on

The Federal Energy Regulatory Commission (FERC) announced on July 19, 2018, that it is directing the North American Electric Reliability Corporation (NERC) “to develop and submit modifications to the NERC Reliability...more

Robinson+Cole Data Privacy + Security Insider

FERC Requires New NERC Reliability Standards for Reporting Cyber Incidents

The Federal Energy Regulatory Commission (FERC) announced on July 19, 2018, that it is directing the North American Electric Reliability Corporation (NERC) “to develop and submit modifications to the NERC Reliability...more

Eversheds Sutherland (US) LLP

FERC directs NERC to adopt revised cyber security incident reporting requirements

The Federal Energy Regulatory Commission (FERC) has directed the North American Electric Reliability Corporation (NERC) to revise its Reliability Standards to develop enhanced Cyber Security Incident reporting requirements....more

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